Appeal allowed however home office have crossed appealed :(

[waitingindefinitely]

Hey everyone

Really pleased and relieved that we won our out of country spouse appeal however I'm just a bit nervous that home office may cross appeal,

At the hearing we noticed the judge was more on our side agreeing with what me and the barrister were saying and disagreeing with the home office presenting officer, our determination was also pretty strong initially my husbands application was refused because they accused him of cheating in his English language test (ETS/TOEIC scam) however the judge agreed that my husband didn't cheat because at the time of the test his English was at satisfactory levels also before his ETS test he passed many more tests which were more difficult, the judge also couldn't find any motive for my husband to cheat which resulted in the judge allowing the appeal...

It's been 10 days since they allowed the appeal and we have another 18 days to go before we can chase the high commission to stamp my husbands visa, as I mentioned before I'm just really worried home office might cross appeal, what reasons if they were to cross appeal can they appeal on does anyone know?

[Adaujla2]

Hi, i am no expert in this but i was also accused of toeic fraud. I applied for a student visa extention along with toeic and they never decided my case until i got married to a british citizen and applied for a spouse visa. But they still accused me for toeic fraud and refused my visa. I was given in country appeal right so i appealed and won it. Sadly, HO appealed against it. Not once not twice they appealed like 4 times and got refused everytime. The 4th time they were told that they have no right to appeal against it anymore. Surprisingly they appealed again. When the tribunal asked why they appealed they said it was a system error. In all this drama, they wasted 7 months. I hope you dont go through this. I can relate to your user name, i applied my spouse visa on sept 2014 , been refused 4 times , went to tribunal twice and still waiting for my visa. Good luck, may god bless you and give you relief from all this.

[waitingindefinitely]

Wow I'm sorry for your trauma you've been through that's really unfair,

Was ur refusal based only on toiec/ets or was there other reasons?

Also is ur appeal an in country one or an out of country one? My one is out of country appeal haven't seen my partner in nearly 20 months, really hoping home office don't cross appeal

[Adaujla2]

Mine was in country appeal, their other objection was that i overstayed. My appeal has been allowed and Home office has been proved wrong . But they wasted 3 years just because of there system error. I really hope you see your partner asap. I can understand what you going through. Home office treat us like criminals and i dont know why no government official says a word about it

[Appeal32011]

Waitingindefinitely Sorry to hear that. I hope you see your partner asap. I think the best advice would be for you to exercise more patience, even though it's hard to do so.

I've also been waiting, though for not as long as you; since February in my case. I was refused for overstaying, and now I'm waiting for the ECM to overturn or to get a court date. Can you please post your timeline? Your application date, refusal, appeal, tribunal date etc

[waitingindefinitely]

Hey there hope ur wait isn't as long as mine I'd suggest holiday to see ur spouse if u haven't seen them in a while, my timeline is as follows

Submitted application in August 2016

Application was refused in December 2016

Lodged appeal 7th January 2017

ECM review deadline was for 28th May 2017 however in early April we found out they refused our review

Letter for hearing : 10th July 2017

Hearing : 31st October 2017

[waitingindefinitely]

Mine was in country appeal, their other objection was that i overstayed. My appeal has been allowed and Home office has been proved wrong . But they wasted 3 years just because of there system error. I really hope you see your partner asap. I can understand what you going through. Home office treat us like criminals and i dont know why no government official says a word about it

What stage are u at now then? I think they'll be issuing your visa soon they can't possibly put u through more waiting

[Adaujla2]

My appeal was allowed in the first week of september, havnt heard anything from home office yet.

[waitingindefinitely]

You'll hear back soon they can't take longer than 8 weeks

[waitingindefinitely]

Hello everyone as u may know two weeks ago we received news that the FTT judge allowed our appeal however I received a notice today informing us that Home Office have cross appealed ; absolutely devastated, I have soo many questions if one of the respected gurus could please help me,

1) Lawyer and barrister both say determination is very strong, what are the chances home office permission will be granted or refused?

2) How long is the process to appeal to upper tribunal?

3) How long do the courts take telling you if they have granted permission to the home office to continue/ stop

[CR001]

Hello everyone as u may know two weeks ago we received news that the FTT judge allowed our appeal

No, 'everyone' doesn't know. Please keep your posts regarding the same situation in ONE topic (this one, all merged now). Unfair to expect members to trawl through your previous posts to 'understand' the circumstances.

[path4u]

Hi waitingindefinitely
I got same stutation as yours my appeal was allowed at end of December 2017 in FTT
I want to know how many days do home office have to do cross appeal in UT?
How much time it will take them to issue visa?